Res 056-93 4/6/1993RESOLUTION NO. 5}--9.,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT OF
TAX ABATEMENT AGREEMENT, AUTHORIZING THE TRANSFER OF
FEE TITLE AND TAX ABATEMENT AGREEMENT FROM NORTHWEST
TEXAS REHAB, L.P. (A PARTNERSHIP) TO REHAB CONCEPTS
CORPORATION; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. That the Mayor be and is hereby authorized to
execute an Assignment of Tax Abatement Agreement, authorizing the
transfer of assets and assignment of a certain Tax Abatement
Agreement from Northwest Texas Rehab, L.P. (a partnership) to
Rehab Concepts Corporation, in accordance with the terms of the
Assignment Agreement, attached hereto as Exhibit A and made a
part hereof for all purposes.
SECTION 2. It is hereby officially found and determined
that the meeting at which this resolution was passed was open to
the public as required by law.
PASSED AND APPROVED this the 6th day of April, 1993 .
0011°
11#
1 416
M A Y O R
ATTEST:
City lerk
PREPARED BY/RECORD
AND RETURN TO:
Michael E. Tarvin, Esquire
Continental Medical Systems, Inc.
Post Office Box 715
Mechanicsburg, PA 17055
ASSIGNMENT OF TAX ABATEMENT AGREEMENT
THIS ASSIGNMENT OF TAX ABATEMENT AGREEMENT (the "Assignment") is
made and entered into as of the day of 1993, by and between
NORTHWEST TEXAS REBAB, L.P., a Delaware limited partnership ("Assignor") authorized
to do business in the State of Texas, acting by and through Wichita Falls Rehabilitation
Hospital, Inc., a Texas corporation, which is the sole general partner of the Assignor, and
REHAB CONCEPTS CORP., a Delaware corporation authorized to do business in the State
of Texas under the Assumed Name of CLEAR LAKE CONCEPTS CORP. ("Assignee").
WITNESSETH:
WHEREAS, Assignor and the City of Wichita Falls, Texas (the "City"), a home rule
city and municipal corporation of Wichita County, Texas, are parties to that certain Tax
Abatement Agreement (the "Agreement"), which Agreement is recorded in Volume 1557,
Page 572 of the Wichita County Deed Records; and
WHEREAS, pursuant to the terms and conditions of the Agreement, certain taxes
affecting the premises described on Exhibit A attached hereto and made a part hereof (the
Premises"), were abated; and
WHEREAS, Assignor is about to transfer fee title to the Premises to Assignee; and
WHEREAS, Assignor desires to transfer all of its rights, obligations and liabilities in
and to the Agreement to Assignee.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars (510.00), the
receipt and sufficiency of which are hereby acknowledged, and intending to be legally
bound, the parties hereto agree as follows:
1 . Assignment. Assignor hereby grants, sells, transfers, conveys, assigns and sets
over to Assignee, effective from and after the date hereof, all of Assignor's rights,
obligations and liabilities in and to the Agreement.
2. Assumption. Assignee hereby accepts the foregoing assignment and assumes
the prospective performance of all of the terms, covenants and provisions of the
Agreement, including without limitation, all obligations and liabilities in connection
therewith, from and after the date hereof.
3. Consent. The City joins in this Assignment to signify its acknowledgement of
this Assignment.
4. Miscellaneous.
a) This Assignment represents the entire understanding between the parties
and no oral agreement or representations made in the course of negotiations shall have any
binding effect on the parties. This Assignment may not be modified, amended,
discharged or terminated except by a written instrument signed by the parties hereto.
b) This Assignment shall be construed in accordance with and governed by
the laws of the State of Texas.
c) This Assignment shall be binding upon and shall inure to the benefit of
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto and the City have caused this
Assignment of Tax Abatement Agreement to be executed, under seal, as of the day and
year first above written.
NORTHWEST TEXAS REHAB, L.P.,
a Delaware limited partnership
ATTEST: By: WICHITA FALLS REHABILITATION
HOSPITAL, INC., its
General Partner
By: By:
Corporate Seal]
ATTEST: REHAB CONCEPTS CORP., a Delaware
corporation doing business in Texas as
CLEAR LAKE CONCEPTS CORP.
By: By:
Corporate Seal]
JOINDER
The undersigned, on behalf of the City of Wichita Falls, Texas, does hereby
acknowledge the assignment of the Tax Abatement Agreement between The City of
Wichita Falls and Northwest Texas Rehab, L.P. as set forth in the foregoing Assignment of
Tax Abatement Agreement.
IN WITNESS WHEREOF, the undersigned has caused this Joinder to be duly
executed as of the day of 1993.
THE CITY OF WICHITA FALLS, TEXAS
By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared
title] of the City of Wichita Falls, Texas, a municipal corporation,
known to me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said City of Wichita
Falls, Texas, a municipal corporation, that he was duly authorized to perform the same by
appropriate resolution of the City Council of the City of Wichita Falls, and that he executed
the same as the act of the said City for the purpose and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1993.
NOTARY PUBLIC'S SEAL:
Notary Public for the
State of Texas
COMMONWEALTH OF PENNSYLVANIA }
SS.:
COUNTY OF CUMBERLAND
BEFORE ME, the undersigned authority, a notary public in and for the
Commonwealth of Pennsylvania, on this day personally appeared
who acknowledged himself/herself to be the
of Wichita Falls Rehabilitation Hospital, Inc., the sole general
partner of Northwest Texas Rehab, L.P., a Delaware limited partnership, known to be to be
the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said Northwest Texas Rehab, L.P.,
and that he/she executed the same as the act of said limited partnership or the purpose
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1993.
NOTARY PUBLIC'S SEAL
Notary Public for the
Commonwealth of Pennsylvania
COMMONWEALTH OF PENNSYLVANIA }
S.:
COUNTY OF CUMBERLAND
BEFORE ME, the undersigned authority, a notary public in and for the
Commonwealth of Pennsylvania, on this day personally appeared
who acknowledged himself/ herself to be the
of Rehab Concepts Corp., a Delaware corporation qualified to do
business in the State of Texas under the Assumed Name of Clear Lake Concepts Corp.,
known to be to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said corporation,
and that he/she executed the same as the act of said corporation for the purpose and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1993.
NOTARY PUBLIC'S SEAL
Notary Public for the
Commonwealth of Pennsylvania
EXHIBIT "A"
A tract of land out of Block 6, League 4, Cherokee County School Lands, Wichita County,
Texas, said tract being more specifically described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod in the West right-of-way line of U.S. 281 Expressway
Henry S. Grace Freeway), said 1/2" iron rod bears South 71 degrees 14 minutes West,
2,079.08 feet and South 27 degrees 16 minutes West, 547.10 feet from the Northeast
corner of said Block 6, said 1/2" iron rod also being the Southeast corner of Lot 1, Block
1, West Hursh Addition, an Addition to the City of Wichita Falls, Texas, and being the
Northeast corner and Place of BEGINNING of this description;
THENCE South 27 degrees 16 minutes West, 655.05 feet along said West right-of-way
line to a Sucker Rod in said West right-of-way line for the Northeast corner of Lot 2B,
Block 1, said West Hursh Addition, and the Southeast corner of this tract;
THENCE North 89 degrees 59 minutes West, 471.66 feet along the North line of said Lot
2B to a 1/2" iron rod in the East right-of-way line of Armory Road, a dedicated street, for
the Northwest corner of said Lot 2B and the Southwest corner of this tract;
THENCE North 00 degrees 50 minutes 35 seconds West, 751.87 feet along said East
right-of-way line to a 1/2" iron rod in said East right-of-way line for the South-west corner
of Lot 5, Block 1, said West Hursh Addition and the Northwest corner of this tract;
THENCE South 89 degrees 03 minutes East, 446.25 feet along the South line of said Lot 5
and the South line of Beth Street, a dedicated Street, to a 1/2" iron rod for the Southwest
corner of said Lot 1 and a Northerly corner of this tract;
THENCE South 62 degrees 44 minutes East, 353.66 feet along the South line of said Lot 1
to the Place of BEGINNING.
ALSO BEING known as Lots 6 and 7, Block 1, West Hursh Addition, as shown by Plat of
record in Volume 26, Pages 573 and 574 of the Plat Records of Wichita County, Texas,
along with that portion of Montgomery Street dedicated in said Plat.
TAX ABATEMENT AGREEMENT
BETWEEN
THE CITY OF WICHITA FALLS
AND
NORTHWEST TEXAS REHAB L.P.
This Tax Abatement Agreement (this "Agreement" ) is
entered int : by and between the City of Wichita Falls , Texas (the
City" ) , a home rule city and municipal corporation of Wichita
County, Texas, duly acting herein by and through its Mayor, andNorthwestTexasRehabL.P. ( "Owner" ) , a Delaware limited
partnership authorized to do business in the State of Texas,
acting by and through Wichita Falls Rehabilitation Hospital, Inc . ,
a Texas corporation, which is the sole general partner of theOwner.
Recitals
WHEREAS, on May 15, 1990 the City Council of the Citythe "City Council" ) passed Resolution No. 94-90 (the "EnablingResolution" ) establishing certain guidelines and criteria for thedesignationofreinvestmentzonesandtheenteringintooftax
abatement agreements pursuant to the Texas Property RedevelopmentandTaxAbatementAct, as contained in Sections 312 .201 through312 . 209 , as amended, of the Local Taxation Title of the Tax Code
of the State of Texas (the "Code" ) ; and
WHEREAS, the Enabling Resolution constitutes appropriate
guidelines and criteria governing tax abatement agreements to be
entered into by the City as contemplated by the Code; and
WHEREAS, the Enabling Resolution included a statement bytheCitythatitelectstobeeligibletoparticipateintax
abatement; and
WHEREAS, on the 'N=` day of May, 1991, the City passedOrdinanceNo. <-1c,--.9I (the "Ordinance" ) establishing Tax AbatementReinvestmentZoneNo. 5-1-91 (the "Zone" ) in the City of WichitaFalls, Texas for commercial/industrial tax abatement as authorizedbytheCode; and
WHEREAS, it is in the best interest of the City and itstaxpayers, in order to maintain and enhance the commercial and
industrial economic and employment base of the Wichita Falls area,
to enter into this Agreement in accordance with the Ordinance andtheCode; and
WHEREAS, the City Council finds that the contemplated use
of the Premises (as hereinafter defined) , the contemplated
improvements to the Premises in the description and amount as setforthinthisAgreementandtheothertermshereof, are consistent
with encouraging development of the Zone in accordance with the
purposes for its creation and are in compliance with the Enabling
r s r
Resolution, the Ordinance and similar guidelines and criteria
adopted by the City and all applicable law; and
WHEREAS, a copy of this Agreement has been furnished in
the manner prescribed by the Code to the presiding officers of the
governing bodies of each of the taxing units in which the Premises
to be subject to this Agreement are located;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the City, for good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, which
consideration includes the expansion of primary employment and the
attraction of major investment in the Zone, which contributes to
the economic development of the City and the enhancement of the tax
base in the City and Wichita County, Texas, and the Owner, for good
and valuable consideration, the adequacy and receipt of which are
hereby acknowledged, wnich consideration includes the tax abatement
set forth herein as authorized by Sections 312 .201 through 312 . 209
of the Code, as amended, do hereby contract, covenant and agree as
follows :
1. General Provisions
1. 1: The Owner is the owner of that parcel of land described
on Exhibit A, attached hereto and made a part hereof for all
purposes (such parcel shall hereinafter be referred to as the
Premises " ) . The Premises are located entirely within the citylimitsoftheCityandwithintheZone.
1 .2 : The Premises are not in an improvement project financed
by tax increment bonds .
1. 3 : This Agreement is entered into subject to the rights of
the holders of outstanding bonds of the City.
1 .4 : The Premises are not owned or leased by any member of
the City Council or by a member of any zoning or planning board or
commission of the City or by any member of the governing body of
any taxing unit joining in or adopting this Agreement.
2 . Improvements
2 . 1: The Owner shall construct on and within the Premises
a new freestanding comprehensive medical rehabilitation hospital
containing approximately 56 , 000 square feet and accommodating
approximately 60 beds. The aggregate cost of such hospital shallbeapproximately $8,000,000, and the hospital shall employ in
excess of 100 employees when it is fully operational .
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3 . Rate and Duration of Tax Abatement
3 . 1: The period of tax abatement pursuant to this Agreement
shall commence on January 1 of the year following the issuance of
a certificate of occupancy for the rehabilitation hospital
described herein and shall continue for a period of 10 years .
Improvements constructed on the Premises, and tangible personal
property located thereon, shall be exempt from taxation by the City
in accordance with this Section 3 . 1 provided that such exemption
shall only be applicable to the extent that the value of such
improvements and tangible personal property for the applicable year
exceeds the value of the Premises, and any tangible personal
property located thereon, on January 1, 1991 (as such values are
established for ad valorem tax purposes ) . The percentage of the
increased value of the Premises and tangible personal property
which will be exempt ''rom ad valorem taxes during each year of the
tax abatement period )ursuant to this Agreement is as follows :
Year Percentage
1 100%
2 90%
3 80%
4 70%
5 60%
6 50%
7 40%
8 30%
9 20%
10 10%
3 .2 : Notwithstanding anything in this Agreement which might
be deemed to be to the contrary, the Owner shall have the right to
protest and contest any appraisal or assessment of the Premises,
or any improvements or tangible personal property or both located
thereon and the tax abatement provided for herein for such
improvements and/or tangible personal property shall be applied to
the amount of taxes finally determined, as a result of such protest
or contest to be due for such property.
4 . Records and Cost
4 . 1: The kind, number and location of all proposed
improvements are described in Section 2 . 1. In addition,
construction plans and an equipment list for the rehabilitation
hospital will be delivered to the City and shall be deemed to be
incorporated by reference herein and made a part hereof for all
purposes .The Owner shall have the right to make changes in the
plans and equipment list during the construction process so long
as the revised improvements are not materially different from those
described in this Agreement. After completion of the
rehabilitation hospital, the Owner shall deliver a copy of the "as
3
built" plans for the improvements and shall certify in writing totheCitythecostsofconstructionandoftangiblepersonal
property located thereon. Such certification shall be signed byallpartiestothisAgreementandshallbedeemedtobe
incorporated by reference herein and made a part hereof for all
purposes .
4 . 2 : At all times during the term of this Agreement, the City
shall have access to the Premises by City employees for the purpose
of inspecting the Premises to insure that the improvements are
constructed in accordance with the specifications and conditions
of this Agreement; provided, however, that such inspections shall
not interfere with the construction or normal business operations
of the rehabilitation hospital on the Premises .
4 . 3 : The Premises and the improvements constructed thereon
shall at all times during the term of this Agreement be used in a
manner that is consistent with the City's general purpose of
encouraging development of the Zone and the City's comprehensive
zoning ordinance, as amended.
4 .4 : If the Owner fails to make the improvements to the
Premises as provided by this Agreement, the Owner shall repay all
property tax revenue lost by the City as a result of this
Agreement, subject to any and all lawful offsets, settlements,
deductions or credits to which the Owner may otherwise be entitled.
5 . Sale, Assignment or Lease of Property
5 . 1: The tax abatement provided for herein shall vest in the
Owner upon completion of the rehabilitation hospital and the
issuance of the certificate of occupancy therefor, but, except as
hereinafter provided, such tax abatement is not assignable to any
new owner or lessee of all or any portion of the Premises without
the prior written approval of the City, which approval will not be
unreasonably withheld. Notwithstanding the foregoing, the tax
abatement provided for herein shall be assignable without prior
approval by the City to any parent, affiliate, subsidiary or other
entity in which the Owner has direct or indirect control or in
connection with any sale of the Premises, or a portion thereof,
which are then leased back ( for a period at least equal to the
remaining term of this Agreement) by the Owner or a parent,
affiliate, subsidiary or other entity in which the Owner is in
control. For purposes of this Article 5, the term "control" means
either: (i) the ownership of 50% or more of the beneficial or
economic interest or voting power of the appropriate entity or (ii)
the possession, directly or indirectly, of the power to direct or
cause the direction of the management or policies of the controlled
entity.
4
6 . Miscellaneous Provisions.
6 . 1 :All notices or other communications required or
permitted by this Agreement shall be in writing and shall be deemed
to be properly given when delivered personally to any of the
hereinafter designated addressees or the named representatives
thereof, or when mailed by prepaid certified mail, return receipt
requested, addressed to such party at the respective addresses set
forth below:
If to the City:
City of Wichita Falls
P .O. Box 1431
Wichita Falls, TX 76307-1431
A:tention: City Manager
If to the Omer:
Northwest Texas Rehab L.P.
P.O. Box 715
Mechanicsburg, PA 17055
Attention: r ;,(;^+ / ?c•; ' t r4
J
6 .2 : This Agreement was authorized by resolution of the CityCouncilapprovedatitsCouncilmeetingonMayj, 1991 authorizing
the Mayor to execute this Agreement on behalf of the City.
6 . 3 : This Agreement was entered into by the Owner pursuant
to authority granted by its limited partnership agreement and theBoardofDirectorsofWichitaFallsRehabilitationHospital, Inc . ,
the Owner's sole general partner on W11 ?4 1991 whereby oneormoreofficersofWichitaFallsRehabilitationHospital, Inc .
were authorized to execute this Agreement on behalf of the Owner.
6 . 4 :In the event any section, subsection, paragraph,
sentence, phrase or word herein is held invalid, illegal or
unconstitutional, the balance of this Agreement shall stand, shall
be enforceable and shall be read as if the parties intended at all
times to delete said invalid section, subsection, paragraph,
sentence, phrase or word.
6 .5: Any party hereto may request an estoppel certificate
from another party hereto so long as the certificate is requested
in connection with a bona fide business purpose. The certificate
shall include, but not necessarily be limited to, statements that
this Agreement is in full force and effect without default if such
is the case, the remaining term of this Agreement, the levels of
tax abatement then in effect, and such other matters reasonably
requested by the parties to receive the certificate.
5
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6 . 6 : The Owner, as a party to this Agreement, shall be deemed
a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any part hereof or
any of the underlying ordinances, resolutions, or City Council
actions authorizing the same, and the Owner shall be entitled to
intervene in any such litigation.
6 . 7 : After the Owner has satisfied the conditions set forth
in this Agreement, the tax abatement provided for herein shall
continue for the duration of this Agreement and shall not be lost
through force majeure events such as acts of God, fire, tornado,
earthquake or other events or circumstances beyond the Owner' s
reasonable control .
6 . 8 : This Agreement shall be governed by and construed in
accordance with the :.aws of the State of Texas. Venue for any
action pursuant to t is Agreement shall be in a state district
court in Wichita C..unty, Texas . This Agreement is fully
performable in Wichita County, Texas .
6 . 9 : An executed copy of this Agreement in recordable form
shall be recorded in the Deed Records of Wichita County, Texas .
6 . 10: Other taxing units in which the Premises are located
may join in the execution of this Agreement by executing a
signatory page acknowledging the joinder of such taxing unit and
granting tax abatement by such taxing unit in accordance with the
terms and conditions hereof; an executed and acknowledged copy of
each such signatory page shall be attached to this Agreement.
CITY OF •- CHITA FALL EXAS
Alga,
Michael Lam,
ATTEST:
Wilma Thoma , City Clerk
APPROVED AS 0 FORM:
Greg ach, City Attorney
6
a
c
NORTHWEST TEXAS REHAB L.P .
By Wichita Falls Rehabilitation
Hospital, Inc . , its sole
general partner
4 _ 1.7By
Name: n,tk,. rk,r-
Title: T', ;5>:1,_,-,
ATTEST:
THE STATE OF TEXAS )
COUNTY OF WICHITA )
BEFORE ME, the undersigned authority, a notary public in
and for the State of Texas, on this day personally appeared Michael
Lam, Mayor of the City of Wichita Falls, Texas, a municipal
corporation, known to me to be the person and officer whose name
is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the said City of Wichita Falls, Texas ,
a municipal corporation, that he was duly authorized to perform the
same by appropriate resolution of the City Council of the City of
Wichita Falls, and that he executed the same as the act of the said
city for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this IC`l= day of
1991.
NOTARY PUBLIC'S SEAL:
Notary Public for the
State of Texas
R
ATHOMAs
otaryUNO
PuDli4 State Of Tme
1 1 Comnivan Ewes 01C.22,13L
7
1
THE STATE OF ,/-
COUNTY OF
BEFORE ME, the undersigned authority, a notary public in
and for the State o - r! - ; ? on this -day perso)al lyappearedbeingtheof
Wichita FAlls RehabilitOz'dn Hospital, Inc . , the sole g eneral
partner of Northwest Texas Rehab L.P, , a Delaware limited
partnership, known to me to be the person and officer whose name
is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the said Northwest Texas Rehab L.P. ,
and that he executed the same as the act of said limited
partnership for the purpose and consideration therein expressed and
in the capacity there.n stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this >`
r
day of
r , 1991.
i fl
NOTARY PUBLIC'S SEAL:
Nf?:C:JJl:
Notary Public for the, %
State of
rte '• •,.. -
C:\CMs\CMSTAXAG.MT
8
EXHIBIT A
LEGAL DESCRIPTION
A tract of land out of Block 6 , League 4 , Cherokee County
School Lands, Wichita County, Texas , said tract being more
specifically described by metes and bounds as follows:
Beginning at a 1/2 " Iron rod in the West right-of-way line of
U.S . 281 Expressway, (Henry S. Grace Freeway) , said 1/2 " iron rod
bears South 71° 14 ' West 2079 . 08 feet and South 27° 16 ' West 547 . 10
feet from the Northeast corner of said Block 6 , said 1/2 " iron rod
also being the Southeast corner of Lot 1, Block 1, West Hursh
Addition, an additior to the City of Wichita 'alls, Texas, and
being the Northeast corner and Place of Beginning of this
description;
Thence South 27° 16 ' West 655 .05 feet along said West right-
of-way line to a Sucker Rod in said West right-of-way line for the
Northeast corner of Lot 2B, Block 1, said West Hursh Addition, and
the Southeast corner of this tract;
Thence North 89° 59 ' West 471 . 66 feet along the North line of
said Lot 2B to a 1/2 " iron rod in the East right-of-way line of
Armory Road, a dedicated street, for the Northwest corner of said
Lot 2B and the Southwest corner of this tract;
Thence North 00° 50 ' 35" West 761.87 feet along said East
right-of-way line to a 1/2 " iron rod in said East right-of-way line
for the Southwest corner of Lot 5, Block 1, said West Hursh
Addition and the Northwest Corner of this tract;
Thence South 89° 03 ' East 446 .25 feet along the South line of
said Lot 5 and the South line of Beth Street, a dedicated Street,
to a 1/2 " iron rod for the Southwest corner of said Lot 1 and a
Northerly corner of this tract;
Thence South 62° 44 ' East 353 .66 feet along the South line of
said Lot 1 to the Place of Beginning and containing 10 . 54 Acres,
more or less .
SIGNATORY PAGE J 1
EVIDENCING JOINDER INTO .
TAX ABATEMENT AGREEMENT
THE STATE OF TEXAS )
COUNTY OF WICHITA )
Wichita Falls Independent School District, the undersigned taxingunit, having jurisdiction over the Premises (as defined in the hereinafter
described Tax Abatement Agreement) , joins in the execution of the Tax
Abatement Agreement between the City of Wichita Falls, Texas and Northwest
Texas Rehab L.P. for the purpose of granting abatement of ad valorem taxes
in the manner and in accordance with the terms and conditions set forth in
such Tax Abatement Agreement and authorizes this page to be affixed to said
Agreement. This joinder to the Tax Abatement Agreement was authorized by the
Trustees of the Wichita Falls Independent School District at their meetingonthe28thdayofMay1991whereuponitwasdulydeterminedby
appropriate order that the President of the Board of Trustees would execute
this joinder on behalf of Wichita Falls Independent School District.
WICHITA FALLS INDEPENDENT
SCHOOL DISTRICT
By (
Roy T. Sparkman, President
Board of Trustees
ATTEST:
i 22 °7g--t44:-CILA
Sue McAlister, Secretary
THE STATE OF TEXAS )
COUNTY OF WICHITA )
BEFORE ME, the undersigned authority, a notary public in and fortheStateofTexas, on this day personally appeared Roy T. Sparkman,
President of the Board of Trustees of the Wichita Falls Independent School
District, known to me to be the person and officer whose name is subscribed
to the foregoing instrument and acknowledged to me that the same was the act
of the said Board of Trustees of the Wichita Falls Independent School
District, that he was duly authorized to perform the same by appropriate
resolution of the Board of Trustees and that he executed the same as the act
of the said independent school district for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of May
1991 .
NOTARY PUBLIC 'S SEAL: VONNB CO)M23
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SIGNATORY PAGE
EVIDENCING JOINDER INTO
TAX ABATEMENT AGREEMENT
THE STATE OF TEXAS )
COUNTY OF WICHITA )
Wichita County, the undersigned taxing unit, having jurisdiction
over the Premises (as defined in the hereinafter described Tax Abatement
Agreement) , joins in the execution of the Tax Abatement Agreement between
the City of Wichita Falls, Texas and Northwest Texas Rehab L.P. for the
purpose of granting abatement of ad valorem taxes in the manner and in
accordance with the terms and conditions set forth in such Tax Abatement
Agreement and authorizes this page to be affixed to said Agreement. This
joinder to the Tax Abatement Agreement was authoriz51A the Commissioners '
Court of Wichita County, Texas at its meeting on the day of 01/1
1991 whereupon it was duly determined by appropriate order that the County
Judge would execute this joinder on behalf of Wichita County, Texas .
COUNTY OF WICHITA, TEXAS
By 4
Nick Gipson, C unty Ju ge
ATTEST:
Vernon Cannon, County Clerk
By 1 ( kL 1 jMJ
ydi Torres, Deputy Clerk
THE STATE OF TEXAS )
COUNTY OF WICHITA )
BEFORE ME, the undersigned authority, a notary public in and for
the State of Texas; on this day personally appeared Nick Gipson, County
Judge, Wichita County, Texas, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that
the same was the act of the said County of Wichita, Texas, that he was duly
authorized to perform the same by appropriate resolution of the
Commissioners ' Court of Wichita County, Texas, and that he executed the same
as; the act of the said county for the purpose and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF ,OFFICE this o-/ day of /",` ,
1991 .
NOTARY PUBLIC'S SEAL:1i 7/
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rotary Public for the
GERALDINE BAKER State of Texas
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